| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 89R16466 JCG-F | |
| 2 | - | By: Patterson, Hickland, Metcalf, Hefner, H.B. No. 267 | |
| 3 | - | Vasut, et al. | |
| 4 | - | Substitute the following for H.B. No. 267: | |
| 5 | - | By: Hull C.S.H.B. No. 267 | |
| 1 | + | 89R636 JCG-F | |
| 2 | + | By: Patterson H.B. No. 267 | |
| 3 | + | ||
| 4 | + | ||
| 6 | 5 | ||
| 7 | 6 | ||
| 8 | 7 | A BILL TO BE ENTITLED | |
| 9 | 8 | AN ACT | |
| 10 | - | relating to defenses to prosecution for certain | |
| 11 | - | material or conduct that is obscene or otherwise | |
| 12 | - | children. | |
| 9 | + | relating to affirmative defenses to prosecution for certain | |
| 10 | + | offenses involving material or conduct that is obscene or otherwise | |
| 11 | + | harmful to children. | |
| 13 | 12 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 14 | - | SECTION 1. Section 43.24, Penal Code, is amended by adding | |
| 15 | - | Subsection (c-2) to read as follows: | |
| 16 | - | (c-2) It is an affirmative defense to prosecution under | |
| 17 | - | Subsection (b)(1) or (2) that at the time of the offense the actor | |
| 18 | - | was a judicial or law enforcement officer discharging the officer's | |
| 19 | - | official duties. | |
| 13 | + | SECTION 1. Section 43.24(c), Penal Code, is amended to read | |
| 14 | + | as follows: | |
| 15 | + | (c) It is an affirmative defense to prosecution under this | |
| 16 | + | section that the sale, distribution, or exhibition was by a person | |
| 17 | + | having a bona fide judicial, law enforcement, or legislative | |
| 18 | + | [scientific, educational, governmental, or other similar] | |
| 19 | + | justification. | |
| 20 | 20 | SECTION 2. Section 43.25(f), Penal Code, is amended to read | |
| 21 | 21 | as follows: | |
| 22 | 22 | (f) It is an affirmative defense to a prosecution under this | |
| 23 | 23 | section that: | |
| 24 | 24 | (1) the defendant was the spouse of the child at the | |
| 25 | 25 | time of the offense; | |
| 26 | - | (2) at the time of the offense the actor was a judicial | |
| 27 | - | or law enforcement officer discharging the officer's official | |
| 28 | - | duties [the conduct was for a bona fide educational, medical, | |
| 29 | - | psychological, psychiatric, judicial, law enforcement, or | |
| 30 | - | legislative purpose]; or | |
| 26 | + | (2) the conduct was for a bona fide [educational, | |
| 27 | + | medical, psychological, psychiatric,] judicial, law enforcement, | |
| 28 | + | or legislative purpose; or | |
| 31 | 29 | (3) the defendant is not more than two years older than | |
| 32 | 30 | the child. | |
| 33 | - | SECTION 3. Section 43.24(c), Penal Code, is repealed. | |
| 34 | - | SECTION 4. The changes in law made by this Act apply only to | |
| 31 | + | SECTION 3. The changes in law made by this Act apply only to | |
| 35 | 32 | an offense committed on or after the effective date of this Act. An | |
| 36 | 33 | offense committed before the effective date of this Act is governed | |
| 37 | 34 | by the law in effect on the date the offense was committed, and the | |
| 38 | 35 | former law is continued in effect for that purpose. For purposes of | |
| 39 | 36 | this section, an offense was committed before the effective date of | |
| 40 | 37 | this Act if any element of the offense occurred before that date. | |
| 41 | - | SECTION | |
| 38 | + | SECTION 4. This Act takes effect September 1, 2025. |